HomeMy WebLinkAboutGrant of permanent easement/restrictivr covenant for wetland buffer-2008 � �~���%��
Doc No 9197408 10/23/2008 03:41 PM ��-����1v`.r"`
Certified filed and or recorded on above date:
Office of the County Recorder � � `
Hennepin County, Minnesota � n ��J
Michael H. Cunniff, County Recorder �N�
TranslD 451029 Deputy 55 / �
Fees �� �
$35.50 DOC
$10.50 SUR
$46.00 Total
f
(reserved for recordin�information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
�
INSTRUMENT made this�_ day of June, 2008, by and between: E. Joseph LaFave,
Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and
Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under
Agreement dated March 15, 2000; Lucinda W. Chorley and Michael Chorley, wife and husband;
Stacey W. Eastman and Patrick Eastman, wife and husband; and Wendy W. Burton, a single person
(the "Grantors"), and the CITY OF ORONO,a Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, owners of the real property legally described on the attached E�ibit A, and in
consideration of good and valuable consideration paid by the City, the receipt and sufficiency of
which is hereby acknowledged, hereby create and grant unto the City a permanent flowage and
conservation easement for the purposes set forth in this instrument, over, under, and across the
wetlands and wetland buffers located on that portion of the real property legally described in the
attached E�ibit B (the "easement premises").
The Grantors, on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following activities are prohibited in perpetuity within the boundaries of the
wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
Lot 2 1
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency,
provided, however, Grantors may remove brush, diseased or dead trees of
any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following activities are prohibited in perpetuity within the boundaries of the
wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles, playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency, provided, however,
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals far the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
Lot 2 �
3. The wetland buffers, as legally described in Exhibit B, shall be established and,
when required by City Ordinances, each shall be improved to become an
"acceptable buffer area" as described within City Ordinances, and shall thereafter be
maintained by Grantors in perpetuity free from mowing or other vegetative
disturbance, fertilizer application, yard or other waste disposal, the placement of
structures or any other alteration that impedes the function of the buffer in protecting
the quality of water in the wetland or buffering flows into the wetland.
4. Grantors for themselves, their heirs, successors and assigns, further grant t�e City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all
of the easement premises.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within the
boundaries of the easement premises.
8. Grantor(s) do not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
[Signa ture page follo ws -
The remainder of this page is intentionally left blankJ
Lot 2 3
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
( ,'� .�
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E. � seph LaFave, Trustee of the Helen Snyder
Waldron Qualified Personal Residence Trust dated
March 15, 2000 and Trustee under Article 4 of
the William L. Waldron, Jr. Qualified Personal
Residence Trust under Agreement dated
March 15, 2000
STATE OF MINNESOTA )
)ss.
COUNTY OF r���..,,..)
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The foregoing instrument was acknowledged before me this � day of
��_. , 2008, by E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified
Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L.
Waldron, Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000.
�"'�-, � '
NOTARY PUBLIC
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:� L�Ll� 14V. lL,J�NSTAD �
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; �'Com�cic�E�ea Jen.31.2010
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Lot 2 4
Lucinda W. Chorley
� Mic el Chorley
STATE OF MINNESOTA )
)ss.
COUNTY OF � �
The foregoing instrument was acknowledged before me this � day of
��_ , 2008, by Lucinda W. Chorley, married to Michael Chorley.
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NO ARY PUBLIC
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. LCkLA W. KJ�iVSTAD
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STATE OF MINNESOTA � 2 � .:' fdrCar�i��r�E�es.lea.31,201G
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COUNTY OF
The foregoing instrument was acknowledged before me this �� day of
��,..r.,�-.— , 2008, by Michael Chorley, married to Lucinda W. Chorley.
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NOTARY PUBLIC
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.,A�)h0�i'ARY PUIiIlG•ESlFDNESOTA �
, . r" E6�Conmdstdcfl Fa�er,Jan.31,2010 �
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Lot 2 5
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Stacey W. stman �
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,
Patrick Eastman
STATE OF MINNESOTA )
)ss.
COLTNTY OF ' )
The foregoing instrument was acknowledged before me this � day of
� v.r�,_ , 2008, by Stacey W. Eastman, married to Patrick Eastman.
C�, � 1 r
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NOTARY PUBLIC
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STATE OF MINNESOTA ) �r c�;���,�,,.3,,zo,o
, )ss. " `��A�r�,w�nnnn�wa
COUNTY OF
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The foregoing instrument was acknowledged before me this � day of
�".,�_ . 2008, by Patrick Eastman, married to Stacey W. Eastman.
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N ARY PUBLIC
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4`^d. Pvi�161AY P118l.IG•t�7fNNESQTA
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Lot 2 6
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Wendy W. Burton, by
Lucinda W. Chorley, her attorney in fact
STATE OF MINNESOTA )
)ss.
COUNTY OF �
The foregoing instrument was acknowledged before me this � day of
�1 �-�.s�- , 2008, by Lucinda W. Chorley, as attorney in fact for Wendy W. Burton, a
single person.
�--�. �� ,
NOTARY PUBLIC
■ �
'�"� e�r'��.A 4'Y. lCJEI�STAD
DRAFTED BY: "� � �E n:j hCU7lifiY PUBLIC-REUNNESOTA
Campbell Knutson ,�
+`.�s z ;Ay'Cu^re�ScMn Expoac�an.J�,2010
Professional Association :ri;s��
317 Eagandale Office Center °1�"�'°"i' � �"^���
1380 Corporate Cenier Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
Lot 2 �
Exhibit A
Le�al Description of Real Property—Lot 2
Lot 2, Block 1, WALDRON WOODS.
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Exhibit B
Le�al Description of Wetland and Wetland Buffer—Lot 2
WETLAND:
All that portion of Lot 2, Block 1, WALDRON WOODS, shown and dedicated on the plat of
WALDRON WOODS as Drainage Easement.
WETLAND BUFFER:
That part of Lot 2, Block l, WALDRON WOODS, which lies westerly of the following
described line; Commencing at the most westerly corner of said Lot 2; thence on an assumed
bearing of North 40 degrees 59 minutes 25 seconds East along the westerly segment of the
northwesterly line of said Lot 2 a distance of 728.13 feet to an angle point in said northwesterly
line; thence North 66 degrees 03 minutes 44 seconds East along a segment of said northwesterly
line a distance of 148.91 feet to the point of beginning of the line being described; thence South
8 degrees East a distance of 75.00 feet; thence South 3 degrees East a distance of 45.�1 feet;
thence on a bearing of South a distance of 82.58 feet; thence South 2 degrees West a distance of
70.00 feet; thence South 60 degrees West a distance of 26.00 feet; thence South 4 degrees East a
distance of 170.00 feet; thence South 27 degrees East a distance of 22.00 feet; thence South 8
degrees East a distance of 30.00 feet; thence South 23 degrees East a distance of 65.00 feet;
thence South 5 degrees East to its intersection with the southerly line of said Lot 2, and said line
there ending.
ALSO
That part of Lot 2, Block 1, WALDRON WOODS, described as follows; Commencing at the
most westerly corner of said Lot 2; thence on an assumed bearing of North 89 degrees 42
minutes 27 seconds East along the southerly line of said Lot 2 a distance of 680.34 feet to its
intersection with the southerly segment of the southeasterly line of said Lot 2; thence North 3
degrees 48 minutes 21 seconds West along said southerly segment a distance of 330.02 feet to an
angle point in said southeasterly line; thence North 40 degrees West a distance of 24.66 feet to
the point of beginning of the easement being described; thence North 2 degrees East a distance of
Lot 2 9
. '
55.79 feet; thence on a bearing of North a distance of 83.36 feet; thence North 3 degrees West a
distance of 43.22 feet; thence North 8 degrees West to its intersection with a segment of the
northwesterly line of said Lot 2; thence North 66 degrees 03 minutes 44 seconds East along said
segment a distance of 11.90 feet; thence South 20 degrees East a distance of 18.00 feet; thence
South 17 degrees East a distance of 54.00 feet; thence South 15 degrees East a distance of 37.00
feet; thence South 1 degree East a distance of 29.00 feet; thence South 22 degrees East a distance
of 25.00 feet; thence South 48 degrees East a distance of 27.00 feet; thence South 38 degrees
East a distance of 26.00 feet; thence South 4 degrees East a distance of 23.00 feet; thence South
50 degrees West a distance of 47.00 feet; thence North 70 degrees West to its intersection with a
line drawn on a bearing of North 52 degrees East from the point of beginning; thence South 52
degrees West to the point of beginning,
ALSO
That part of Lot 2, Block 1, WALDRON WOODS, which lies easterly of the following described
line; Commencing at the northeasterly corner of said Lot 2; thence on an assumed bearing of
South 0 degrees 09 minutes 37 seconds East along the easterly line of said Lot 2 a distance of
210.00 feet to the point of beginning of the line being described; thence South 89 degrees West a
distance of 33.00 feet; thence South 76 degrees West a distance of 34.00 feet; thence South 80
degrees West a distance of 44.00 feet; thence South 40 degrees West a distance of 41.00 feet;
thence South 28 degrees West a distance of 34.00 feet; thence on a bearing of West a distance of
12.00 feet; thence South 49 degrees West a distance of 24.00 feet; thence South 58 degrees West
a distance of 32.00 feet; thence South 26 degrees West a distance of 61.00 feet; thence South 51
degrees East a distance of 98.00 feet; thence South 40 degrees East to its intersection with the
easterly segment of the southeasterly line of said Lot 2, and said line there ending.
(Attach Survey)
017�24/250001/956445 1
Lot 2 l0
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